In Florida when litigation commercial debt collection cases many times our collection law firm must look to see if a debt we are trying to collect violates Florida’s Statute of Limitations. Attempting collection on a debt that is in violation of The Statute of Limitations, will not be enforceable by the Florida Courts.
To bring a collection law suit on a contract, the breach must have occurred within five years. If the creditor is seeking to enforce an oral contract to collect its debt, the collection lawsuit must be brought within four years. Of course in Florida as in other states there is always the exception to the rule brought on by the Statute of Frauds. For a Florida oral contact to enforceable, the performance of the obligation must be contemplated by the parties to be completed within one year. The application of what constitutes performance under a contract in one year is not always clear in the creditor –debtor relationship.
Please feel free to contact our Florida collection law firm and speak to our Florida collection lawyer about the specifics facts surrounding your Florida debt collection case. You may mail or email your supporting documents to our collection firm. Our Florida collection attorney will review your account and then contact you to devise a strategy for your Florida collection matter.
Stephen B. Gebeloff, P.A.
5255 N. Federal Hwy., 3rd Floor
Boca Raton, FL 33487